General Terms And Conditions
1. Validity of these conditions
The following conditions apply to the exclusion of all other terms and conditions for business relationships with the customer.
Agreements that change or supplement these conditions, additional agreements and the purchaser's conditions are only effective if they are confirmed by us in writing. Sales representatives and traveling salesmen are not permitted to make or accept declarations that are binding on our behalf.
2. Offers, documents
Our offers are subject to change. Technical information in brochures, catalogs, printed papers, advertisements, circulars and price lists correspond to the status at the time of printing and are only approximate. The documents included in the offer do not represent a guarantee of the quality or durability of our services. They only serve as a guide for the purchaser and may not be passed on to third parties.
3. Applications (orders)
Applications are binding for the purchaser. We will only be bound by our written confirmation. However, if the customer is a non-merchant, the application is deemed to have been accepted if we do not reject its acceptance within 20 days.
4. Prices and payment
All prices apply ex works Rüthen, excluding packaging, postage, freight and insurance. In the case of ongoing obligations, we reserve the right to correct the prices in accordance with Section 313 of the German Civil Code (BGB), if individual cost factors change before our services are provided. In this case, the price changes according to the changed cost factors. If the price changes by more than 5%, the customer can withdraw from the contract. After 4 months, the price can be changed for all contracts. Deliveries of goods must be paid net to our account within 14 days (the credit note is decisive). Vicarious agents, sales representatives, consultants and traveling salesmen have no authority for debt collection and deferral agreements. The purchaser is neither entitled to withhold payments due to counterclaims that are not based on this contractual relationship nor to offset claims that are disputed by us or have not yet been legally established.
Non-compliance with the payment conditions or circumstances which are likely to reduce the creditworthiness of the purchaser will result in all of our claims becoming due immediately, regardless of bills of exchange accepted. In these cases, we are also entitled to deliver only against advance payment or security as well as to withdraw from the contract after a reasonable grace period and to demand compensation. The place of fulfillment for payments is the headquarters of the banking institutions listed in our invoices.
5. Small quantity surcharges, over- or short deliveries
For special designs, deviations in quantity of up to 10% are permitted for each delivery.
6. Retention of title
We reserve ownership of the delivered goods until the purchase price has been paid. In commercial transactions, however, our ownership only expires when all claims against the customer arising from the business relationship have been settled. Any processing is carried out by the customer on our behalf. If the goods are further processed or combined with other goods, we acquire a co-ownership share equal to the value of our goods. If the customer is a reseller, he may sell the reserved goods through sales transactions. He is prohibited from making any other orders. The purchaser assigns to us in advance the claims to which he is entitled from the resale in the amount of the invoice value of the reserved goods. The purchaser is authorized to collect the assigned claims. At our request, he must notify his debtors of the assignment. The purchaser's authorization to dispose of the reserved goods and to collect the assigned claims expires in the event of non-compliance with the payment conditions, suspension of payments as well as bills of exchange and check protests. In such cases we are entitled to take possession of the reserved goods. The customer bears the resulting costs. The purchaser must immediately notify any impending and completed access by third parties to the reserved goods or to the assigned claims. The customer bears the costs of interventions. If the value of the securities given to us exceeds our claims by more than 20%, we are obliged to release the aforementioned securities at the request of the customer.
7. Delivery dates, delays
If we are prevented from providing the services in a timely manner due to unforeseeable or no-fault events that are unavoidable with reasonable care, the service time will be extended appropriately. New appointments must then be agreed upon by mutual agreement. The delivery time begins with the dispatch of our written order confirmation, but not before receipt of an agreed advance payment, not before all documents required for the execution of the order have been provided and before all technical details have been clarified. The purchaser is obliged to fulfill all requirements for the timely execution of the transaction. The agreed delivery dates are deemed to be have been met if we have declared our willingness to provide the service.
8. Shipping, transfer of risk
Any risk is transferred to the customer at the latest when the item leaves our premises. This also applies if the transport is carried out using our own means of transport.
If shipping is delayed due to circumstances for which we are not responsible, all risk passes to the purchaser from the day the item is ready for shipping. If the customer does not accept the delivery items immediately when they are ready for dispatch, we will store them for him, if possible, at his own risk. This storage does not release the purchaser from his payment obligation, which occurs at the time of provision.
9. Obligation to investigate and report complaints
The purchaser must examine our services immediately and report defects to us in writing no later than 14 days after receipt or delivery at the destination. If complaints or notices of defects are not reported in a timely manner, delivery and service are deemed to have been approved. Hidden defects must be reported no later than 14 days after discovery.
10. Warranty, liability for defects
The warranty period is 12 months. If the delivery/service is defective, the customer is entitled to repair or a replacement delivery. We are entitled to refuse repair or replacement delivery if this involves disproportionately high costs. If the defect could not be remedied by a second repair, the purchaser can demand cancellation of the purchase or a reduction in the purchase price and compensation in accordance with Section 11. The purchaser's claims arising from liability for defects expire if he does not give us the necessary time and opportunity to remedy the defects within normal business hours. The warranty is void if defects arise from interventions by persons not authorized by us. The warranty listed above is only provided to the extent and in the amount that it would arise if the purchased item had been brought to the purchaser's residence or commercial branch. If the expenses increase due to the purchased item being moved to another location, the purchaser must bear these additional costs.
11. Other claims for damages
Other claims for damages by the purchaser against us and our vicarious agents are excluded, in particular a claim for compensation for damage that did not occur to the delivery item itself. This does not apply in cases of intent, gross negligence or the lack of guaranteed properties as well as in cases in which, according to the Product Liability Act, liability is assumed for personal injury or property damage to privately used items in the event of defects in the delivery item. In the event of a breach of an essential contractual obligation, in the event of injury to life, limb and health, liability will also apply in the event of negligence.
12. Validity clause
If individual provisions of these conditions are or become invalid, the remaining agreements remain in effect.
13. Place of jurisdiction, applicable law
The place of jurisdiction is Arnsberg. The law of the Federal Republic of Germany applies, excluding the United Nations Convention on the International Sale of Goods.
CASCOO Europe GmbH
The following conditions apply to the exclusion of all other terms and conditions for business relationships with the customer.
Agreements that change or supplement these conditions, additional agreements and the purchaser's conditions are only effective if they are confirmed by us in writing. Sales representatives and traveling salesmen are not permitted to make or accept declarations that are binding on our behalf.
2. Offers, documents
Our offers are subject to change. Technical information in brochures, catalogs, printed papers, advertisements, circulars and price lists correspond to the status at the time of printing and are only approximate. The documents included in the offer do not represent a guarantee of the quality or durability of our services. They only serve as a guide for the purchaser and may not be passed on to third parties.
3. Applications (orders)
Applications are binding for the purchaser. We will only be bound by our written confirmation. However, if the customer is a non-merchant, the application is deemed to have been accepted if we do not reject its acceptance within 20 days.
4. Prices and payment
All prices apply ex works Rüthen, excluding packaging, postage, freight and insurance. In the case of ongoing obligations, we reserve the right to correct the prices in accordance with Section 313 of the German Civil Code (BGB), if individual cost factors change before our services are provided. In this case, the price changes according to the changed cost factors. If the price changes by more than 5%, the customer can withdraw from the contract. After 4 months, the price can be changed for all contracts. Deliveries of goods must be paid net to our account within 14 days (the credit note is decisive). Vicarious agents, sales representatives, consultants and traveling salesmen have no authority for debt collection and deferral agreements. The purchaser is neither entitled to withhold payments due to counterclaims that are not based on this contractual relationship nor to offset claims that are disputed by us or have not yet been legally established.
Non-compliance with the payment conditions or circumstances which are likely to reduce the creditworthiness of the purchaser will result in all of our claims becoming due immediately, regardless of bills of exchange accepted. In these cases, we are also entitled to deliver only against advance payment or security as well as to withdraw from the contract after a reasonable grace period and to demand compensation. The place of fulfillment for payments is the headquarters of the banking institutions listed in our invoices.
5. Small quantity surcharges, over- or short deliveries
For special designs, deviations in quantity of up to 10% are permitted for each delivery.
6. Retention of title
We reserve ownership of the delivered goods until the purchase price has been paid. In commercial transactions, however, our ownership only expires when all claims against the customer arising from the business relationship have been settled. Any processing is carried out by the customer on our behalf. If the goods are further processed or combined with other goods, we acquire a co-ownership share equal to the value of our goods. If the customer is a reseller, he may sell the reserved goods through sales transactions. He is prohibited from making any other orders. The purchaser assigns to us in advance the claims to which he is entitled from the resale in the amount of the invoice value of the reserved goods. The purchaser is authorized to collect the assigned claims. At our request, he must notify his debtors of the assignment. The purchaser's authorization to dispose of the reserved goods and to collect the assigned claims expires in the event of non-compliance with the payment conditions, suspension of payments as well as bills of exchange and check protests. In such cases we are entitled to take possession of the reserved goods. The customer bears the resulting costs. The purchaser must immediately notify any impending and completed access by third parties to the reserved goods or to the assigned claims. The customer bears the costs of interventions. If the value of the securities given to us exceeds our claims by more than 20%, we are obliged to release the aforementioned securities at the request of the customer.
7. Delivery dates, delays
If we are prevented from providing the services in a timely manner due to unforeseeable or no-fault events that are unavoidable with reasonable care, the service time will be extended appropriately. New appointments must then be agreed upon by mutual agreement. The delivery time begins with the dispatch of our written order confirmation, but not before receipt of an agreed advance payment, not before all documents required for the execution of the order have been provided and before all technical details have been clarified. The purchaser is obliged to fulfill all requirements for the timely execution of the transaction. The agreed delivery dates are deemed to be have been met if we have declared our willingness to provide the service.
8. Shipping, transfer of risk
Any risk is transferred to the customer at the latest when the item leaves our premises. This also applies if the transport is carried out using our own means of transport.
If shipping is delayed due to circumstances for which we are not responsible, all risk passes to the purchaser from the day the item is ready for shipping. If the customer does not accept the delivery items immediately when they are ready for dispatch, we will store them for him, if possible, at his own risk. This storage does not release the purchaser from his payment obligation, which occurs at the time of provision.
9. Obligation to investigate and report complaints
The purchaser must examine our services immediately and report defects to us in writing no later than 14 days after receipt or delivery at the destination. If complaints or notices of defects are not reported in a timely manner, delivery and service are deemed to have been approved. Hidden defects must be reported no later than 14 days after discovery.
10. Warranty, liability for defects
The warranty period is 12 months. If the delivery/service is defective, the customer is entitled to repair or a replacement delivery. We are entitled to refuse repair or replacement delivery if this involves disproportionately high costs. If the defect could not be remedied by a second repair, the purchaser can demand cancellation of the purchase or a reduction in the purchase price and compensation in accordance with Section 11. The purchaser's claims arising from liability for defects expire if he does not give us the necessary time and opportunity to remedy the defects within normal business hours. The warranty is void if defects arise from interventions by persons not authorized by us. The warranty listed above is only provided to the extent and in the amount that it would arise if the purchased item had been brought to the purchaser's residence or commercial branch. If the expenses increase due to the purchased item being moved to another location, the purchaser must bear these additional costs.
11. Other claims for damages
Other claims for damages by the purchaser against us and our vicarious agents are excluded, in particular a claim for compensation for damage that did not occur to the delivery item itself. This does not apply in cases of intent, gross negligence or the lack of guaranteed properties as well as in cases in which, according to the Product Liability Act, liability is assumed for personal injury or property damage to privately used items in the event of defects in the delivery item. In the event of a breach of an essential contractual obligation, in the event of injury to life, limb and health, liability will also apply in the event of negligence.
12. Validity clause
If individual provisions of these conditions are or become invalid, the remaining agreements remain in effect.
13. Place of jurisdiction, applicable law
The place of jurisdiction is Arnsberg. The law of the Federal Republic of Germany applies, excluding the United Nations Convention on the International Sale of Goods.
CASCOO Europe GmbH